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Testimony

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witchladdy

Junior Member
What is the name of your state (only U.S. law)? California

My son witnessed a murder and of course has been called as a witness. My main concern is that it is gang related and the teenager is being tried as an adult so the court room is open to the public. I would like to know can my son just give written testimony instead of being on the stand I think it would be much safer for him. Please advise
 


seniorjudge

Senior Member
What is the name of your state (only U.S. law)? California

My son witnessed a murder and of course has been called as a witness. My main concern is that it is gang related and the teenager is being tried as an adult so the court room is open to the public. I would like to know can my son just give written testimony instead of being on the stand I think it would be much safer for him. Please advise
What did the prosecutor say when you asked your question?
 

CdwJava

Senior Member
The prosecutor can ask the court to arrange for a closed courtroom if safety concerns are reasonable and clearly articulated. It may not be possible, but if your son is a minor and this is a known gang with a history of violence it may be a viable option.

Written testimony is almost certainly right out since a written statement cannot be cross-examined. I seriously doubt the defense would agree to any such thing.

You can also seek assistance through Victim-Witness services in your county. They might have some avenues to help you out in this regard.

Good luck, and I applaud you and your son for doing the right thing by coming forward even if it is a scary thing. Evil will triumph when good people are too afraid to stand up and come forward.
 

The Occultist

Senior Member
Written testimony is almost certainly right out since a written statement cannot be cross-examined. I seriously doubt the defense would agree to any such thing.
You'd thinking with all our technology we'd have some sort of court instant messaging service set up.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? California

My son witnessed a murder and of course has been called as a witness. My main concern is that it is gang related and the teenager is being tried as an adult so the court room is open to the public. I would like to know can my son just give written testimony instead of being on the stand I think it would be much safer for him. Please advise
A letter or written statement cannot be cross examined.:cool:
 

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